CaseLaw
Ojo V. Gharoro (2006) CLR 3(b) (SC)
Judgement delivered on March 10th 2006
Brief
Facts
Like most, if not all Nigerian women, the Appellant needed a child or children. That took her to the University of Benin Teaching Hospital, the 2nd Respondent. The 1st Respondent, a lecturer at the University of Benin and an Honorary Consultant in the Obstetrics and Gynaecology Department of the University of Benin Teaching Hospital, Benin City, examined her. The Appellant was diagnosed as one having secondary infertility, uterine fibroid and menorrhagia. That is another big one. Putting it in a less technical language to suit my purpose, the Appellant was told that she had a growth in her fallopian tube and that she needed a surgical operation to remove the growth to enable her become pregnant.
Appellant needed to be pregnant and so she consented to the operation. 17th December, 1993 was the date. She kept the appointment. Of course, she must. She needed the operation badly for a child or children. 3rd Respondent performed the operation in the theatre of the 2nd Respondent. It is the claim of the Respondents that the operation was successful. But the Appellant thought differently. She felt pains and she reported to the 1st Respondent, who asked her to do an x-ray. The x-ray confirmed that there was a broken needle in her abdomen. This resulted in a second operation, which could not totally or completely remove the broken needle. And so the Appellant sued, claiming the sum of N2,000,000 as special and general damages for negligence.
At the trial Court, the Appellant gave evidence. So too the 1st Respondent, and one Dr. Sylvester Ojobo and Valerie Bekederemo. After address of counsel, the learned trial Judge dismissed the Appellant's case on the ground that the Respondents rebutted the presumption of negligence raised by the Appellant. An appeal to the Court of Appeal was dismissed. The Appellant consequently appealed to the Supreme Court.